Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection for a sleep disorder, low back disability, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity due to incomplete compliance with prior remand directives. The Veteran's National Guard service dates need to be verified, and his service treatment records should be obtained. An opinion is needed regarding whether any current sleep disorder(s), including sleep apnea, are related to active duty or ACDUTRA. Additionally, an opinion is required on the nature of the Veteran's peripheral neuropathy of the bilateral lower extremities.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for further examinations. The issues include frostbite of the bilateral feet, an acquired psychiatric disability (claimed as depression), hypertension, hepatitis C, erectile dysfunction, skin disability, lower back disability, skeletal arthritis, bilateral eye disability, bilateral sinus disability, esophageal disability, and stomach disability.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as right upper extremity radiculopathy. The reasons include inadequate examinations that did not consider flare-ups or intervertebral disc syndrome prior to December 13, 2021, and a need for another VA examination to assess the current severity of his service-connected lumbar and cervical spine disabilities.

The Veteran's lumbosacral strain and degenerative arthritis were previously rated at 10 percent, but the evidence does not support a higher rating prior to December 24, 2020. As of December 24, 2020, his disability was rated at 40 percent.

The Board has remanded the claims for hypertension, hypotension, dysphagia, muscle weakness, hyperplasia of the prostate, bilateral lower extremity corns and callosities with dermatophytosis, bilateral lower extremity metatarsalgia, Parkinson's disease, anemia, hepatitis C, transient ischemic attack, lumbar spine degenerative disc disease, thrombocytopenia with melena, and mixed hyperlipidemia and hyperbilirubinemia due to inadequate medical opinions based on the absence of contemporaneous documentation in service records.

The Veteran's left wrist disability is granted a 30% rating from September 1, 2014 to February 22, 2021 and a 50% rating thereafter. The Veteran's back disability remains at 40%, and his thoracic spine arthritis continues to be rated as 10%. The Veteran is granted TDIU.

The Veteran's claim for a higher rating for his chronic thoracolumbar strain is being remanded due to the need for an addendum medical opinion regarding flare-ups and functional loss.

The Board has remanded the cases for further development due to the need for a VA examination to determine if the Veteran's lumbar spine disability and bilateral pes planus are related to service.

The Veteran's lumbar spine disability was granted an increased evaluation to 40 percent effective March 1, 2017. The Board found that the increase in disability level occurred prior to November 30, 2016 and within one year of the claim date.

The Board has determined that the Veteran's lumbosacral strain is related to an in-service injury, granting service connection for this condition.

The Board has remanded the Veteran's claims for service connection for right knee condition, sinus condition, bilateral feet pain, and back condition due to a lack of VA examinations.

The Board has found that additional development is needed for the Veteran's claims, including a new medical examination to evaluate his back and lower extremity radiculopathy conditions. The Veteran seeks higher ratings for these service-connected disabilities.

The Veteran's appeal for a higher rating for degenerative osteophytes of the lumbosacral spine and initial rating for osteoarthritis of the right hip is being remanded due to new evidence from a recent hip replacement.

The Veteran's back disability, including headaches and fatigue, residuals of TBI, left ankle impingement syndrome, and left foot plantar fasciitis are granted initial ratings. However, the issues related to service connection for these conditions remain pending as they require additional evidence.

The claim to reopen service connection for a back disorder is granted, and the case is remanded for further examination and opinion regarding the nature and etiology of her back disorder.

The Veteran's claim for increased rating of back disability and earlier effective date for TDIU was denied. The Board found that the evidence did not meet the criteria for an initial rating in excess of 20 percent for back disability prior to June 24, 2011, or a rating in excess of 40 percent since June 24, 2011. Additionally, it was determined that there was no entitlement to an earlier effective date for TDIU.

The Veteran's service-connected disabilities render him unable to obtain and/or maintain substantially gainful employment, warranting a TDIU on an extraschedular basis. The need for SMC based on the need for regular aid and attendance of another person is also warranted due to his service-connected disabilities.

The Board has remanded the claims for service connection due to inadequate etiology opinions, and will require new opinions regarding the Veteran's low back condition, right knee condition, left knee condition, and bilateral hearing loss.

The Veteran's back disability, right lower extremity radiculopathy affecting the sciatic nerve, and right lower extremity radiculopathy affecting the femoral nerve have been granted initial ratings of 40%, 60%, and 30% respectively, effective August 12, 2013. The left lower extremity radiculopathy affecting the sciatic nerve and the left lower extremity radiculopathy affecting the femoral nerve are denied.

The Board has determined that there has not been substantial compliance with the previous remand directives regarding the Veteran's claims for service connection for lumbar spine and cervical spine disorders. As a result, another remand is required.